Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 463-H.F.No. 1958 
           An act relating to crimes; regulating entry to burial 
          sites; providing protections and rights to victims of 
          crime; making changes to the crime victims reparations 
          act; providing for the treatment of certain witnesses; 
          amending Minnesota Statutes 1984, sections 307.08; 
          609.135, by adding a subdivision; 609.26, subdivision 
          5; 611A.04, subdivision 2; 611A.06; 611A.53, 
          subdivision 1, and by adding a subdivision; 611A.57, 
          by adding a subdivision; 611A.61; Minnesota Statutes 
          1985 Supplement, sections 609.101; 609.26, subdivision 
          1; 611A.52; 611A.53, subdivision 2; 611A.54; and 
          611A.56, subdivision 1; 611A.71, subdivision 2; 
          631.046; proposing coding for new law in Minnesota 
          Statutes, chapter 611A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 307.08, is 
amended to read: 
    307.08 [DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; 
BURIALS; CEMETERIES; PENALTY.] 
    Subdivision 1.  It is a declaration and statement of 
legislative intent that all human burials and human skeletal 
remains shall be accorded equal treatment and respect for human 
dignity without reference to their ethnic origins, cultural 
backgrounds, or religious affiliations.  The provisions of this 
section shall apply to all human burials or human skeletal 
remains found on or in all public or private lands or waters in 
Minnesota.  
    Subd. 2.  A person who intentionally, willfully, or and 
knowingly destroys, mutilates, injures, or removes human 
skeletal remains or human burials, or is guilty of a felony.  A 
person who intentionally, willfully, or knowingly removes any 
tombstone, monument, or structure placed in any public or 
private cemetery or unmarked human burial ground, or any fence, 
railing, or other work erected for protection or ornament, or 
any tree, shrub, or plant or grave goods and artifacts within 
the limits of the cemetery or burial ground, and a person who, 
without authority from the trustees, state archaeologist, or 
Indian affairs intertribal board, discharges any firearms upon 
or over the grounds of any public or private cemetery or 
authenticated and identified Indian burial ground, is guilty of 
a gross misdemeanor. 
    Subd. 3.  Every authenticated and identified Indian burial 
ground may be at the discretion of the state archaeologist and 
the Indian affairs intertribal board, posted for protective 
purposes every 75 feet around its perimeter with signs listing 
the activities prohibited by subdivision 2 and the penalty for 
violation of it.  Posting is at the discretion of the Indian 
affairs council in the case of Indian burials or at the 
discretion of the state archaeologist in the case of non-Indian 
burials.  
    Subd. 3a.  The state archaeologist shall authenticate all 
burial sites for purposes of this section and may enter on 
property for the purpose of authenticating burial sites.  Only 
after obtaining written permission from the property owner or 
lessee, descendants of persons buried in burial sites covered by 
this section may enter the burial sites for the purpose of 
conducting religious ceremonies.  This right of entry must not 
unreasonably burden property owners or unnecessarily restrict 
their use of the property. 
    Subd. 4.  The state shall retain the services of a 
qualified professional archaeologist, approved by the state 
archaeologist and the Indian affairs intertribal board council, 
for the purpose of authenticating and identifying gathering 
information to authenticate or identify Indian burial grounds 
when requested by a concerned scientific or contemporary Indian 
ethnic group, when Indian burials are known or suspected to 
exist on public lands or waters controlled by the state or 
political subdivision. 
    Subd. 5.  The cost of authentication, identification and, 
marking, and rescue of unmarked or unidentified burial grounds 
or burials shall be the responsibility of the state. 
    Subd. 6.  The size, description and information on the 
signs must be approved by the Minnesota state historical society.
    Subd. 7.  All unidentified human remains or burials found 
outside of platted, recorded, or identified cemeteries and 
dating prior to 1886 A.D. in contexts which indicate antiquity 
greater than 50 years shall be dealt with according to the 
provisions of this section.  If such burials do are not contain 
manufactured trade goods or can be established to date prior to 
1700 A.D. Indian or their ethnic identity cannot be ascertained, 
as determined by a qualified professional the state 
archaeologist, they shall be dealt with in accordance with 
provisions established by the state archaeologist.  If such 
burials date after 1700 A.D. are Indian, as determined by a 
qualified professional the state archaeologist, efforts shall be 
made by the state archaeologist and the Indian 
affairs intertribal board council to ascertain their tribal 
identity.  If their probable tribal identity can be determined, 
such remains shall at the discretion of the state archaeologist 
and Indian affairs intertribal board council, be turned over to 
contemporary tribal leaders for disposition.  If it is deemed 
desirable by the state archaeologist or the Indian 
affairs intertribal board council, such remains shall be studied 
by a qualified professional archaeologist before being delivered 
to the tribal leaders.  If tribal identity cannot be determined, 
the Indian remains must be dealt with in accordance with 
provisions established by the state archaeologist and the Indian 
affairs council.  
    Subd. 8.  No authenticated and identified Indian burial 
ground may be relocated unless the request to relocate is 
approved by the Indian affairs intertribal board.  When the 
Indian burial ground is located on public lands or waters, the 
cost of removal is the responsibility of and shall be paid by 
the state or political subdivision controlling the lands or 
waters.  If large Indian burial grounds are involved, efforts 
shall be made by the state to purchase and protect them instead 
of removing them to another location.  
    Subd. 9.  The department of natural resources, the 
department of transportation, and all other state agencies and 
local governmental units whose activities may be affected, shall 
cooperate with the state archaeologist and the Indian affairs 
intertribal board to carry out the provisions of this section.  
    Subd. 10.  When Indian burials are known or suspected to 
exist, on public lands or waters, the state or political 
subdivision controlling the lands or waters shall submit 
construction and development plans to the state archaeologist 
and the Indian affairs intertribal board for review prior to the 
time bids are advertised.  The state archaeologist and the 
Indian affairs intertribal board shall promptly review the plans 
and make recommendations for the preservation or removal of the 
human burials or remains, which may be endangered by 
construction or development activities. 
     Sec. 2.  Minnesota Statutes 1985 Supplement, section 
609.101, is amended to read: 
    609.101 [SURCHARGE ON FINES, ASSESSMENTS.] 
    When a court sentences a person convicted of a felony, 
gross misdemeanor, or misdemeanor, other than a petty 
misdemeanor such as a traffic or parking violation, and if the 
sentence does not include payment of a fine, the court shall 
impose an assessment of not less than $20 nor more than $40.  If 
the sentence for the felony, gross misdemeanor, or misdemeanor 
includes payment of a fine of any amount, including a fine of 
less than $100, the court shall impose a surcharge on the fine 
of ten percent of the fine.  This section applies whether or not 
the person is sentenced to imprisonment and when the sentence is 
suspended.  The court may, upon a showing of indigency or undue 
hardship upon the convicted person or his immediate family, not 
waive payment or authorize payment of the assessment or 
surcharge in installments unless it makes written findings on 
the record that the convicted person is indigent or that the 
assessment or surcharge would create undue hardship for the 
convicted person or that person's immediate family.  
    The court shall collect and forward to the commissioner of 
finance the total amount of the assessment or surcharge and the 
commissioner shall credit all money so forwarded to the general 
fund for the purposes of providing services, assistance, or 
reparations or a combination, to victims of crimes through 
programs established under sections 611A.21 to 611A.36, under 
chapters 256D and 299B 611A.  If the convicted person is 
sentenced to imprisonment, the chief executive officer of the 
correctional facility in which the convicted person is 
incarcerated may collect the assessment or surcharge from any 
earnings the inmate accrues for work performed in the 
correctional facility and forward the amount to the commissioner 
of finance. 
    Sec. 3.  Minnesota Statutes 1984, section 609.135, is 
amended by adding a subdivision to read: 
    Subd. 1b.  [FAILURE TO PAY RESTITUTION.] If the court 
orders payment of restitution as a condition of probation and if 
the defendant fails to pay the restitution ordered prior to 60 
days before the term of probation expires, the defendant's 
probation officer shall ask the court to hold a hearing to 
determine whether or not the conditions of probation should be 
changed or probation should be revoked.  The court shall 
schedule and hold this hearing and take appropriate action 
before the defendant's term of probation expires. 
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
609.26, subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
does any of the following acts may be charged with a felony and, 
upon conviction, may be sentenced as provided in subdivision 6:  
    (1) conceals a minor child from the child's parent where 
the action manifests an intent substantially to deprive that 
parent of parental rights or conceals a minor child from another 
person having the right to visitation or custody where the 
action manifests an intent to substantially deprive that person 
of rights to visitation or custody; 
    (2) takes, obtains, retains, or fails to return a minor 
child in violation of a court order which has transferred legal 
custody under chapter 260 to the commissioner of human services, 
a child placing agency, or the county welfare board;  
    (3) takes, obtains, retains, or fails to return a minor 
child from or to the parent in violation of a court order, where 
the action manifests an intent substantially to deprive that 
parent of rights to visitation or custody; or 
    (4) takes, obtains, retains, or fails to return a minor 
child from or to a parent after commencement of an action 
relating to child visitation or custody but prior to the 
issuance of an order determining custody or visitation rights, 
where the action manifests an intent substantially to deprive 
that parent of parental rights. 
    Sec. 5.  Minnesota Statutes 1984, section 609.26, 
subdivision 5, is amended to read:  
    Subd. 5.  [DISMISSAL OF CHARGE.] A felony charge brought 
under this section shall be dismissed if:  
    (a) the person voluntarily returns the child within 14 days 
after he takes, detains, or fails to return the child in 
violation of this section; or 
    (b)(1) the person taking the action and the child have not 
left the state of Minnesota; and (2) within a period of 14 days 
after taking the action, (i) a motion or proceeding under 
chapters 518, 518A, 518B, or 518C is commenced by the person 
taking the action, or (ii) the attorney representing the person 
taking the action has consented to service of process by the 
party whose rights are being deprived, for any motion or action 
pursuant to chapters 518, 518A, 518B, or 518C.  
    Clause (a) does not apply if the person returns the child 
as a result of being located by law enforcement authorities. 
    Sec. 6.  [611A.031] [VICTIM INPUT REGARDING PRETRIAL 
DIVERSION.] 
    A prosecutor shall make every reasonable effort to notify 
and seek input from the victim prior to the referral into a 
pretrial diversion program in lieu of prosecution. 
    Sec. 7.  [611A.032] [SPEEDY TRIAL; NOTICE OF SCHEDULE 
CHANGE.] 
    A prosecutor shall make reasonable efforts to provide 
advance notice of any change in the schedule of the court 
proceedings to a victim who has been subpoenaed or requested to 
testify. 
    Sec. 8.  [611A.035] [CONFIDENTIALITY OF VICTIM'S ADDRESS.] 
    No victim providing testimony in court proceedings may be 
compelled to state the victim's home or employment address on 
the record in open court. 
    Sec. 9.  [611A.036] [PROHIBITION AGAINST EMPLOYER 
RETALIATION.] 
    An employer or employer's agent who threatens to discharge 
or discipline a victim, or who discharges, disciplines, or 
causes a victim to be discharged from employment or disciplined 
because the victim is subpoenaed or requested by the prosecutor 
to attend court for the purpose of giving testimony, is guilty 
of a misdemeanor and may be punished for contempt of court.  In 
addition, the court shall order the employer to offer job 
reinstatement to any victim discharged from employment in 
violation of this section, and to pay the victim back wages as 
appropriate. 
    Sec. 10.  Minnesota Statutes 1984, section 611A.04, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURES.] The offender shall make restitution 
payments to the clerk of the county, municipal, or district 
court of the county in which the restitution is to be paid.  The 
clerk shall keep records of the amount of restitution ordered in 
each case, any change made to the restitution order, and the 
amount of restitution actually paid by the offender.  The clerk 
shall forward the data collected to the state court 
administrator who shall compile the data and make it available 
to the supreme court and the legislature upon request. 
    Sec. 11.  Minnesota Statutes 1984, section 611A.06, is 
amended to read: 
    611A.06 [RIGHT TO NOTICE OF RELEASE.] 
    The commissioner of corrections or other custodial 
authority shall make a good faith effort to notify the victim 
that the offender is to be released from imprisonment or 
incarceration, other than including release on extended furlough 
and for work release, or released from a facility in which the 
offender was confined due to incompetency, mental illness, or 
mental deficiency, or commitment under section 253B.18, prior to 
the release if the victim has mailed to the commissioner of 
corrections or to the head of the facility in which the offender 
is confined a written request for this notice.  The commissioner 
or other custodial authority complies with this section if he 
mails the notice of impending release to the victim at the 
address which the victim has most recently provided to him in 
writing. 
    Sec. 12.  Minnesota Statutes 1985 Supplement, section 
611A.52, is amended to read: 
    611A.52 [DEFINITIONS.] 
    Subdivision 1.  [TERMS.] For the purposes of sections 
611A.51 to 611A.67 the following terms shall have the meanings 
given them:. 
    (1) Subd. 2.  [ACCOMPLICE.] "Accomplice" means any person 
who would be held criminally liable for the crime of another 
pursuant to section 609.05. 
    (2) Subd. 3.  [BOARD.] "Board" means the crime victims 
reparations board established by section 611A.55. 
    (3) Subd. 4.  [CLAIMANT.] "Claimant" means a person 
entitled to apply for reparations pursuant to sections 611A.51 
to 611A.67. 
    (4) Subd. 5.  [COLLATERAL SOURCE.] "Collateral source" 
means a source of benefits or advantages for economic loss 
otherwise reparable under sections 611A.51 to 611A.67 which the 
victim or claimant has received, or which is readily available 
to him, from: 
    (a) (1) the offender; 
    (b) (2) the government of the United States or any agency 
thereof, a state or any of its political subdivisions, or an 
instrumentality of two or more states, unless the law providing 
for the benefits or advantages makes them excess or secondary to 
benefits under sections 611A.51 to 611A.67; 
    (c) (3) social security, medicare, and medicaid; 
    (d) (4) state required temporary nonoccupational disability 
insurance; 
    (e) (5) workers' compensation; 
    (f) (6) wage continuation programs of any employer; 
    (g) (7) proceeds of a contract of insurance payable to the 
victim for economic loss which he sustained because of the crime;
    (h) (8) a contract providing prepaid hospital and other 
health care services, or benefits for disability; or 
    (i) (9) any private source as a voluntary donation or gift. 
    The term does not include a life insurance contract. 
    (5) Subd. 6.  [CRIME.] (a) "Crime" means conduct that: 
    (i) (1) occurs or is attempted in anywhere within the 
geographical boundaries of this state, including Indian 
reservations and other trust lands; 
    (ii) (2) poses a substantial threat of personal injury or 
death,; and 
    (iii) (3) is included within the definition of "crime" in 
Minnesota Statutes 1971, section 609.02, subdivision 1, or would 
be included within that definition but for the fact that the 
person engaging in the conduct lacked capacity to commit the 
crime under the laws of this state. 
    (b) A crime occurs whether or not any person is prosecuted 
or convicted but the conviction of a person whose acts give rise 
to the claim is conclusive evidence that a crime was committed 
unless an application for rehearing, appeal, or petition for 
certiorari is pending or a new trial or rehearing has been 
ordered. 
    (c) "Crime" does not include conduct arising out of the use 
of a motor vehicle, as defined in section 169.01, subdivision 2, 
an aircraft or watercraft unless: 
    (i) (1) the conduct was intended to cause personal injury 
or death,; or 
    (ii) (2) the use of the motor vehicle, aircraft or 
watercraft in the commission of a felony was a proximate cause 
of the victim's injury or death,; or 
    (iii) (3) the claim arises out of a violation of section 
609.21. 
    (6) Subd. 7.  [DEPENDENT.] "Dependent" means any person who 
was dependent upon a deceased victim for support at the time of 
the crime. 
    (7) Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death. 
    (a) In the case of injury the term is limited to: 
    (i) (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances and prosthetic devices; 
    (ii) (2) reasonable expenses incurred for psychological or 
psychiatric products, services or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations: 
    (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
    (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
    (iii) (3) loss of income the victim would have earned had 
he not been injured; and 
    (iv) (4) reasonable expenses incurred for substitute child 
care or household services to replace those the victim would 
have performed had he not been injured.  As used in this clause, 
"child care services" means services provided by facilities 
licensed under and in compliance with either Minnesota Rules, 
parts 9502.0315 to 9502.0445, or parts 9545.0510 to 9545.0670, 
or exempted from licensing requirements pursuant to section 
245.791.  Licensed facilities must be paid at a rate not to 
exceed their standard rate of payment.  Facilities exempted from 
licensing requirements must be paid at a rate not to exceed $3 
an hour per child for daytime child care or $4 an hour per child 
for evening child care. 
    (b) In the case of death the term is limited to: 
    (i) (1) reasonable expenses actually incurred for funeral, 
burial or cremation, not to exceed $2,250; 
    (ii) (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (iii) (3) loss of support, including contributions of 
money, products or goods, but excluding services which the 
victim would have supplied to his dependents if he had lived; 
and 
    (iv) (4) reasonable expenses incurred for substitute child 
care and household services to replace those which the victim 
would have performed for the benefit of his dependents if he had 
lived. 
     Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less than 18 years old a claim for 
loss of support may be resubmitted to the board, and the board 
shall evaluate the claim giving consideration to the child's 
financial need and to the availability of funds to the board. 
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities. 
    (8) Subd. 9.  [INJURY.] "Injury" means actual bodily harm 
including pregnancy and mental or nervous shock. 
    (9) Subd. 10.  [VICTIM.] "Victim" means a person who 
suffers personal injury or death as a direct result of: 
    (a) (1) a crime; 
    (b) (2) the good faith effort of any person to prevent a 
crime; or 
    (c) (3) the good faith effort of any person to apprehend a 
person suspected of engaging in a crime. 
    Sec. 13.  Minnesota Statutes 1984, section 611A.53, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERALLY.] Except as provided in 
subdivision subdivisions 1a and 2, the following persons shall 
be entitled to reparations upon a showing by a preponderance of 
the evidence that the requirements for reparations have been met:
    (a) a victim who has incurred economic loss; 
    (b) a dependent who has incurred economic loss; 
    (c) the estate of a deceased victim if the estate has 
incurred economic loss; 
    (d) any other person who has incurred economic loss by 
purchasing any of the products, services, and accommodations 
described in section 611A.52, clause (7), for a victim; 
    (e) the guardian, guardian ad litem, conservator or 
authorized agent of any of these persons.  
    Sec. 14.  Minnesota Statutes 1984, section 611A.53, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PROVIDERS; LIMITATIONS.] No hospital, medical 
organization, health care provider, or other entity that is not 
an individual may qualify for reparations under subdivision 1, 
clause (d).  If a hospital, medical organization, health care 
provider, or other entity that is not an individual qualifies 
for reparations under subdivision 1, clause (e) because it is a 
guardian, guardian ad litem, conservator, or authorized agent, 
any reparations to which it is entitled must be made payable 
solely or jointly to the victim, if alive, or to the victim's 
estate or successors, if the victim is deceased. 
    Sec. 15.  Minnesota Statutes 1985 Supplement, section 
611A.53, subdivision 2, is amended to read: 
    Subd. 2.  No reparations shall be awarded to a claimant 
otherwise eligible if: 
    (a) the crime was not reported to the police within five 
days of its occurrence or, if it could not reasonably have been 
reported within that period, within five days of the time when a 
report could reasonably have been made.  A victim of criminal 
sexual conduct in the first, second, third, or fourth degree who 
does not report the crime within five days of its occurrence is 
deemed to have been unable to have reported it within that 
period; 
    (b) the victim or claimant failed or refused to cooperate 
fully with the police and other law enforcement officials; 
    (c) the claimant was the offender or an accomplice of the 
offender or an award to the claimant would unjustly benefit the 
offender or an accomplice;  
    (d) no claim was filed with the board within one year of 
victim's injury or death but if it could not have been made; 
except that (1) if the claimant was unable to file a claim 
within that period, then the claim can be made within one year 
of the time when a claim could have been made filed; and (2) if 
the victim's injury or death was not reasonably discoverable 
within one year of the injury or death, then the claim can be 
made within one year of the time when the injury or death is 
reasonably discoverable.  The following circumstances do not 
render a claimant unable to file a claim for the purposes of 
this clause: (1) lack of knowledge of the existence of the 
Minnesota crime victims reparations act, (2) the failure of a 
law enforcement agency to provide information or assistance to a 
potential claimant under section 611A.66, or (3) the 
incompetency of the claimant if the claimant's affairs were 
being managed during that period by a guardian, guardian ad 
litem, conservator, authorized agent, or parent; or 
    (e) the claim is less than $100. 
    The limitations contained in clauses (a) and (d) do not 
apply to victims of domestic child abuse as defined in section 
260.015, subdivision 24. 
    Sec. 16.  Minnesota Statutes 1985 Supplement, section 
611A.54, is amended to read: 
    611A.54 [AMOUNT OF REPARATIONS.] 
    Reparations shall equal economic loss except that: 
    (1) reparations shall be reduced to the extent that 
economic loss is recouped from a collateral source or collateral 
sources.  Where compensation is readily available to a claimant 
from a collateral source, the claimant must take reasonable 
steps to recoup from the collateral source before claiming 
reparations; 
    (2) reparations shall be reduced to the extent, if any, 
that the board deems reasonable because of the contributory 
misconduct of the claimant or of a victim through whom he 
claims; and 
    (3) reparations paid to all claimants suffering economic 
loss as the result of the injury or death of any one victim 
shall not exceed $50,000.  
    No employer may deny an employee an award of benefits based 
on the employee's eligibility or potential eligibility for 
reparations. 
    Sec. 17.  Minnesota Statutes 1985 Supplement, section 
611A.56, subdivision 1, is amended to read: 
    Subdivision 1.  [DUTIES.] In addition to carrying out any 
duties specified elsewhere in sections 611A.51 to 611A.67 or in 
other law, the board shall: 
    (a) provide all claimants with an opportunity for hearing 
pursuant to chapter 14; 
    (b) promulgate within 90 days following the effective date 
of Laws 1974, chapter 463 adopt rules to implement and 
administer sections 611A.51 to 611A.67, including rules 
governing the method of practice and procedure before the board, 
prescribing the manner in which applications for reparations 
shall be made, and providing for discovery proceedings; 
    (c) publicize widely the availability of reparations and 
the method of making claims; and 
    (d) prepare and transmit annually to the governor, the 
commissioner of public safety, and the legislature a report of 
its activities including the name of each claimant number of 
claims awarded, a brief description of the facts in each case, 
the amount of reparation awarded, and a statistical summary of 
claims and awards made and denied.  
    Sec. 18.  Minnesota Statutes 1984, section 611A.57, is 
amended by adding a subdivision to read: 
    Subd. 6.  Claims for reparations and supporting documents 
and reports are investigative data and subject to the provisions 
of section 13.39 until the claim is paid, denied, withdrawn, or 
abandoned.  Following the payment, denial, withdrawal, or 
abandonment of a claim, the claim and supporting documents and 
reports are private data on individuals as defined in section 
13.02, subdivision 12. 
    Sec. 19.  Minnesota Statutes 1984, section 611A.61, is 
amended to read: 
    611A.61 [SUBROGATION.] 
    Subdivision 1.  [SUBROGATION RIGHTS OF STATE.] The state 
shall be subrogated, to the extent of reparations awarded, to 
all the claimant's rights to recover benefits or advantages for 
economic loss from a source which is or, if readily available to 
the victim or claimant would be, a collateral source.  Nothing 
in this section shall limit the claimant's right to bring a 
cause of action to recover for other damages.  
    Subd. 2.  [DUTY OF CLAIMANT TO ASSIST.] A claimant who 
receives reparations must agree to assist the state in pursuing 
any subrogation rights arising out of the claim.  The board may 
require a claimant to agree to represent the state's subrogation 
interests if the claimant brings a cause of action for damages 
arising out of the crime or occurrence for which the board has 
awarded reparations.  An attorney who represents the state's 
subrogation interests pursuant to the client's agreement with 
the board is entitled to reasonable attorney's fees not to 
exceed one-third of the amount recovered on behalf of the state. 
    Sec. 20.  Minnesota Statutes 1985 Supplement, section 
611A.71, subdivision 2, is amended to read:  
    Subd. 2.  [MEMBERSHIP.] The crime victim and witness 
advisory council shall consist of the following members, 
appointed by the commissioner of public safety after consulting 
with the commissioner of corrections:  
    (1) two members of the Minnesota legislature who have 
demonstrated expertise and interest in crime victims issues, one 
from each house; 
    (2) one district court judge appointed upon recommendation 
of the chief justice of the supreme court;  
    (3) one county attorney appointed upon recommendation of 
the Minnesota county attorneys association;  
    (4) one public defender appointed upon recommendation of 
the state public defender;  
    (5) one peace officer;  
    (6) one medical or osteopathic physician licensed to 
practice in this state; and 
    (7) five members who are crime victims or crime victim 
assistance representatives; and 
    (8) three public members.  
    The appointments should take into account sex, race, and 
geographic distribution.  One of the nonlegislative members must 
be designated by the commissioner of public safety as chair of 
the council. 
    Sec. 21.  Minnesota Statutes 1985 Supplement, section 
631.046, is amended to read: 
    631.046 [AUTHORIZING PRESENCE OF PARENT SUPPORT PERSON FOR 
MINOR PROSECUTING WITNESS.] 
    Subdivision 1.  [CHILD ABUSE CASES.] Notwithstanding any 
other law, a prosecuting witness under 18 years of age in a case 
involving child abuse as defined in section 630.36, subdivision 
2, may choose to have in attendance a parent, guardian, or other 
supportive person, whether or not a witness, at the omnibus 
hearing or at the trial, during testimony of the prosecuting 
witness.  If the person so chosen is also a prosecuting witness, 
the prosecution shall present on noticed motion, evidence that 
the person's attendance is both desired by the prosecuting 
witness for support and will be helpful to the prosecuting 
witness.  Upon that showing the court shall grant the request 
unless information presented by the defendant or noticed by the 
court establishes that the support person's attendance during 
the testimony of the prosecuting witness would pose a 
substantial risk of influencing or affecting the content of that 
testimony. 
    Subd. 2.  [OTHER CASES.] Notwithstanding any other law, a 
prosecuting witness in any case involving criminal sexual 
conduct as defined in sections 609.342, 609.343, 609.344, and 
609.345 may choose to be accompanied by a supportive person, 
whether or not a witness, at the omnibus or other pretrial 
hearing.  If the supportive person is also a witness, the 
prosecution and the court shall follow the motion procedure 
outlined in subdivision 1 to determine whether or not the 
supportive person's presence will be permitted. 
    Approved March 25, 1986